Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1887-09-30
THE BAKER CASE.

The BAKER CASE.
Latest News from the District Court
at Bismarck.
Tribune, Tuesday: The courtroom was
packed yesterday morning with citizens
of Bismarck and the surrounding country
who are interested in the trial Of Henry
Baker, charged with the murder of Peter
Olsen by poisoning with strychnlne. The
case is being prosecuted by District At
torney Hanitch, assisted by George P.
Flannery, and Baker is defended by W.
W. Irwin. the famous criminal pleader of
st. Paul, assisted by Dennis Hannifn, the
pioneer district attorney of Burleigh
Cor Buffalo) county.
Baker occupied the prisoners seat
during the impanellng of the jury yester-
day, with Mr.. Erwin by his side, and.
Denny as reserve force to be called upon
| when the character, standing, reputation
and temperament Of the candidate for
the jury were being examined. Baker is
a man about 40 years Of age. of swarthy
complexion. black eyes. black mustache
and Goatee, about feet 8 inches in
height, and far from q murderer in ap-
pearance. He exhibited deep interest
in the selection of jurors, and when con-
suited by Mr.. Erwin impaired his infor-
nation with an interest and vigor which
might we'll be expected from q man whose
life and liberty are at stake.
Notwithstanding the fact that the case
had been once tried, the jury standing six
for acquittal and six for conviction, and
that 1t has been thoroughly discussed by
the people of the entire surrounding
country, the jury was impaneled in two
hours and fifteen minutes, and is as fol-
lcys: Amos Robidou, James Peoples,
Frank Stone, Charles Gl;tschka, Lsuis
Larsen, Henry Wells, Sol Sunderland,
John Harms, Jerry Sullivan, Henry Rich.
holt Samuel B. Lawrence, Frederick
Bower.
At 8 o'clock court adjourned until 10
| o'clock this forenoon, as the United States
court will be convened at 9;30 for half
hours session.
Many interesting episodes accompany
the inpaneling of the jury in all cases of
murder, and yesterdays was no exception
to the rule. In fact, it furnished one case
which is the first of the kind encountered
by Judge Francis. The person was Mr..
John Kurtz. of Emmons County. When
the court asked him to raise his hand and
be sworn he replied Il do not swear--I
affirm" The judge remarked that this
was the first instance in his experience on
the bench that a man insisted on affirming
instead Of beng sworn ; but, after hunt
ing up the form for affirmation, Mr..
Kurtz was permitted to affirm that hS:
would tell the truth, ETC., so help his God.
When asked how he csme to the decision
that he should affirm, he replied that.it
was after reading the Bible. 1t is now. a
serious religious belief with him, and &s.
such, of course. demands respect.
Farmer Wentz, the jolly old Josh
Whitcemb" of Burleigh county, and the
gentleman who in clear and distincr'tones
announced yesterday from the aArors'
box that he was "a years of age, f1ydishes
the Tribune with sensational BIT Of
news, which may have some bearing on
the case. He was excused from serving
as juror in the Baker case, upon per
emptory challenge; and last evening,
while walking from the courthouse in
company with Tribune representative,
quietly remarked: "Well, one thing is
certain, and that is that no such man as
Peter Olsen was poisoned at the time
they say this man was poisoned. There
may have been at some other time, but
} not then"
How do you know that7' was asked
II know it because knew this man for
whose killing Baker is being tried. He
stopped at my house. and his name WASH t
Olsen at all. He wrote his name 'Peder
o. Overbye' in my book"
Mr.. Wentz in his honest way told the
circumstances Of how he came to write
l his name in the book, and says he is posi-
tive that tho mans name was not Olsen.
This fact may cut some figure in the case;
: but, as the Scandinavians have very
novel classification of adjustable names.
Mr.. Wentz may be led astray by the
: signing Of the farm name "Overbye''
+ after the abbreviation of "Olssn." How.
3 ever this may be, it is now quite probable
that, although MIR. Wentz 10 not juror,
he may play q very interesting role IN
: the trial.
. It is estimated that the trial will occupy
about two days
The defendants brother, who lives in
y Illinois, and who has been in the city for
7 some time, Is constant attendant in
court during the trial. ~
Mr.. Wentz is certainly mistaken. Pc
. ter Olsen was the dead mans name. His
body was found at his ranch, and was
, recognized by dozens who knew him. Be.
}. sides, the murdered mau's name was as q
. matter of course the same a. that Of his
unmarried sister, and that is Olsen.-Ed.
REcoRD.]
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